Bill Text: TX HB3710 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to a prohibition on public contact with certain animals; imposing a civil penalty; creating a criminal offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-04-12 - Left pending in committee [HB3710 Detail]
Download: Texas-2021-HB3710-Introduced.html
87R10618 MCF-F | ||
By: Ordaz Perez | H.B. No. 3710 |
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relating to a prohibition on public contact with certain animals; | ||
imposing a civil penalty; creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 822, Health and Safety Code, is amended | ||
by adding Subchapter F to read as follows: | ||
SUBCHAPTER F. PUBLIC CONTACT WITH CERTAIN ANIMALS PROHIBITED | ||
Sec. 822.151. APPLICABILITY. This subchapter applies only | ||
to the following animals: | ||
(A) a bear; | ||
(B) a cougar; | ||
(C) an elephant; | ||
(D) a jaguar; | ||
(E) a leopard; | ||
(F) a lion; | ||
(G) a nonhuman primate; | ||
(H) a snow leopard; and | ||
(I) a tiger. | ||
Sec. 822.152. DIRECT CONTACT PROHIBITED. A person may not | ||
allow a member of the public to have direct contact with an animal | ||
described by Section 822.151. For purposes of this subsection, | ||
direct contact includes allowing a member of the public to be in | ||
close proximity to an animal in an area without a permanent physical | ||
barrier preventing contact between the public and the animal. | ||
Sec. 822.153. CIVIL PENALTY. (a) A person who violates | ||
Section 822.152 is liable for a civil penalty of not less than $200 | ||
and not more than $2,000 for each animal subject to the violation | ||
and for each day the violation continues. | ||
(b) The attorney general or the appropriate district or | ||
county attorney may: | ||
(1) bring an action on behalf of this state to collect | ||
the civil penalty under this section; and | ||
(2) recover attorney's fees and costs incurred in | ||
bringing the action. | ||
Sec. 822.154. CRIMINAL OFFENSE; PENALTY. (a) A person | ||
commits an offense if the person violates Section 822.152. Each | ||
animal subject to a violation and each day a violation continues is | ||
a separate offense. | ||
(b) An offense under this section is a Class A misdemeanor. | ||
Sec. 822.155. EFFECT OF SUBCHAPTER ON OTHER LAW. This | ||
subchapter does not preempt a local regulation relating to an | ||
animal described by Section 822.151 or affect the authority of a | ||
political subdivision to adopt or enforce an ordinance or | ||
requirement relating to an animal described by that section if the | ||
regulation, ordinance, or requirement: | ||
(1) is compatible with and equal to or more stringent | ||
than a requirement prescribed by this subchapter; or | ||
(2) relates to an issue not specifically addressed by | ||
this subchapter. | ||
SECTION 2. This Act takes effect September 1, 2021. |